HCS CSSB 385(RLS): "An Act relating to homeland security, to civil defense, to emergencies and to disasters, including disasters in the event of attacks, outbreaks of disease, or threats of attack or outbreak of disease; establishing the Alaska division of homeland security and emergency management in the Department of Military and Veterans' Affairs and relating to the functions of that division and that department; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 385(RLS) 01 "An Act relating to homeland security, to civil defense, to emergencies and to disasters, 02 including disasters in the event of attacks, outbreaks of disease, or threats of attack or 03 outbreak of disease; establishing the Alaska division of homeland security and 04 emergency management in the Department of Military and Veterans' Affairs and 05 relating to the functions of that division and that department; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 PURPOSE. The purpose of the establishment of the Alaska division of homeland 11 security and emergency management in sec. 6 of this Act and the repeal of AS 26.23.030 in 12 sec. 22 of this Act is to further the consolidation of the Department of Military and Veterans' 13 Affairs' emergency services and homeland security functions into a single division in order to
01 provide for more efficient administration of those functions and to transfer functions of the 02 division of emergency services into the division of homeland security and emergency 03 management. 04 * Sec. 2. AS 24.20 is amended by adding new a section to article 5 to read: 05 Sec. 24.20.680. Legislative review. (a) The president of the senate and the 06 speaker of the house of representatives shall appoint members or committees of the 07 senate and the house, respectively, to review confidential activities, plans, reports, 08 recommendations, and other materials of the Alaska division of homeland security and 09 emergency management established in AS 26.20.025, or of other agencies or persons, 10 relating to matters concerning homeland security and civil defense, emergencies, or 11 disasters in the state or to the state's preparedness for or ability to mount a prompt 12 response to matters concerning homeland security and civil defense, emergencies, or 13 disasters. In making appointments under this subsection, each presiding officer shall 14 ensure that the political party membership of the members appointed by that presiding 15 officer is proportional to the political party membership of the house of the legislature 16 over which the officer presides. 17 (b) To be eligible for appointment under (a) of this section, a member shall 18 have a federal security clearance at the secret level at the time of appointment or shall 19 have an interim security clearance at the secret level at the time of appointment and 20 shall apply for and receive a federal security clearance at the secret level. Members 21 holding a federal security clearance at the secret level at the time of appointment or 22 receiving the clearance following appointment shall maintain the federal security 23 clearance at the secret level to remain qualified to serve in appointed status. 24 (c) The president of the senate and the speaker of the house of representatives 25 may condition the appointment of members under (a) of this section upon the 26 execution of appropriate confidentiality agreements by the members or by persons 27 assisting those members. Information and documents received by appointed members 28 or persons assisting appointed members under a confidentiality agreement as 29 described in this subsection are not public records and are not subject to public 30 disclosure under AS 40.25.100 - 40.25.220. 31 (d) Appointed members who remain qualified under (b) of this section serve
01 for the duration of the legislature during which the members are appointed. If a 02 member is reelected or a member's term of office extends into the next succeeding 03 legislature and the member remains qualified under (a) and (b) of this section, the 04 member shall continue to serve until reappointed or the appointment of the member's 05 successor. 06 (e) When a member appointed under (a) of this section files a declaration of 07 candidacy for an elective office other than that of member of either house of the 08 legislature, and the member has not resigned from appointed status, the member's 09 appointed status terminates on the date that the member leaves legislative office. 10 * Sec. 3. AS 26.20.010 is amended to read: 11 Sec. 26.20.010. Policy and purpose. (a) Because of the [NATIONAL 12 EMERGENCY AND THE] possibility of [DISASTERS OR EMERGENCIES 13 RESULTING FROM] enemy or terrorist attack, sabotage, or other hostile action 14 against or in the state, and in order to ensure [INSURE] adequate preparations for 15 attack [DISASTERS] or emergencies, and generally to provide for homeland 16 security and the common defense, it is found and declared to be necessary 17 (1) to provide for a state homeland security and civil defense agency 18 [, AND TO AUTHORIZE THE CREATION OF LOCAL ORGANIZATIONS FOR 19 CIVIL DEFENSE]; 20 (2) to confer upon the governor [AND UPON THE EXECUTIVE 21 HEADS OF THE DISTRICTS OF THE STATE] the emergency powers provided in 22 this chapter; 23 (3) to provide for mutual aid and cooperation among the state, local, 24 and private agencies [DISTRICTS] of the state, with the other states of the United 25 States, [AND] with the federal government, and with the provinces of another 26 country, for carrying out homeland security and civil defense functions; 27 (4) to authorize the [ESTABLISHMENT OF ORGANIZATIONS 28 AND] taking of steps that are necessary and appropriate to carry out the provisions of 29 this chapter. 30 (b) It is further declared that the purpose of this chapter and the policy of the 31 state is that all homeland security and civil defense functions of this state be
01 coordinated to the maximum extent with the comparable functions of the federal 02 government, including its various departments and agencies, of the states of the United 03 States and localities, and of private agencies of every type, so that the most effective 04 preparation and use may be made of the state's manpower, resources, and facilities for 05 dealing with any attack [DISASTER] that occurs. 06 * Sec. 4. AS 26.20.010 is amended by adding a new subsection to read: 07 (c) It is further declared that the purpose of this chapter and the policy of the 08 state is that all homeland security and civil defense functions of this state be 09 coordinated by and through the Department of Military and Veterans' Affairs, with the 10 cooperation and assistance of all state agencies. 11 * Sec. 5. AS 26.20.020 is amended to read: 12 Sec. 26.20.020. Homeland security and civil [CIVIL] defense powers of 13 the Department of Military and Veterans' Affairs. (a) The Department of Military 14 and Veterans' Affairs is responsible for carrying out the provisions of this chapter 15 [AND, IN THE EVENT OF DISASTER OR EMERGENCY BEYOND LOCAL 16 CONTROL, MAY ASSUME DIRECT OPERATIONAL CONTROL OVER ALL OR 17 ANY PART OF THE CIVIL DEFENSE FUNCTIONS WITHIN THIS STATE]. 18 (b) In performing its duties under this chapter, the department may 19 (1) issue, adopt, amend, and rescind the necessary orders and 20 regulations to carry out this chapter, with consideration of the plans and programs of 21 the federal government; 22 (2) prepare and implement [A] comprehensive plans [PLAN] and 23 programs [PROGRAM] for the homeland security and civil defense of this state, 24 and coordinate with state agencies in the preparation and implementation of 25 those plans and programs, which shall be integrated into and coordinated with the 26 homeland security and civil defense plans and programs of the federal government 27 and of each state of the United States to the fullest possible extent, and coordinate the 28 preparation and implementation of plans and programs for homeland security and 29 civil defense by political subdivisions and private agencies of the [DISTRICTS OF 30 THIS] state, which shall be integrated into and coordinated with the homeland 31 security and civil defense plans [PLAN] and programs [PROGRAM] of this state to
01 the fullest possible extent; 02 (3) ascertain the requirements of the state [OR THE DISTRICTS OF 03 THE STATE] for food or clothing or other necessities of life in the event of attack and 04 plan for and procure supplies, medicines, materials, and equipment, and use and 05 employ any of the property, services, and resources within the state, for the purposes 06 set out [FORTH] in this chapter; make surveys of the industries, resources, and 07 facilities within the state that are necessary to carry out the purposes of this chapter; 08 institute training programs and public information programs; [,] and take all other 09 preparatory steps, including the partial or full mobilization of homeland security, 10 civil defense, and emergency organizations and personnel in advance of actual 11 attack [DISASTER], to ensure the furnishing of adequately trained and equipped 12 [FORCES OF CIVIL DEFENSE] personnel and adequate resources in time of need; 13 (4) coordinate [COOPERATE] with the [PRESIDENT AND HEADS 14 OF THE ARMED FORCES, AND THE CIVIL DEFENSE AGENCY OF THE 15 UNITED STATES, AND WITH THE] officers and agencies of the United States and 16 the states of the United States, in matters pertaining to the homeland security and 17 civil defense of the state and nation [AND THE INCIDENTS THEREOF; AND IN 18 THIS CONNECTION, TO TAKE ANY MEASURES THAT IT CONSIDERS 19 PROPER TO CARRY INTO EFFECT A REQUEST OF THE PRESIDENT AND 20 THE APPROPRIATE FEDERAL OFFICERS AND AGENCIES FOR ACTION 21 LOOKING TO CIVIL DEFENSE, INCLUDING THE DIRECTION OR CONTROL 22 OF 23 (A) BLACKOUTS AND PRACTICE BLACKOUTS, AIR 24 RAID DRILLS, MOBILIZATION OF CIVIL DEFENSE FORCES, AND 25 OTHER TESTS AND EXERCISES; 26 (B) WARNINGS AND SIGNALS FOR DRILLS OR 27 ATTACKS AND THE MECHANICAL DEVICES TO BE USED IN 28 CONNECTION WITH THEM; 29 (C) THE EFFECTIVE SCREENING OR EXTINGUISHING 30 OF LIGHTS AND LIGHTING DEVICES AND APPLIANCES; 31 (D) SHUTTING OFF WATER MAINS, GAS MAINS,
01 ELECTRIC POWER CONNECTIONS AND THE SUSPENSION OF 02 OTHER UTILITY SERVICES; 03 (E) THE CONDUCT OF CIVILIANS AND THE 04 MOVEMENT AND CESSATION OF MOVEMENT OF PEDESTRIANS 05 AND VEHICULAR TRAFFIC DURING, BEFORE, AND AFTER DRILLS 06 OR ATTACK; 07 (F) PUBLIC MEETINGS OR GATHERINGS; AND 08 (G) THE EVACUATION AND RECEPTION OF THE 09 CIVILIAN POPULATION]; 10 (5) exercise additional authority delegated by the governor to the 11 department [TAKE ACTION AND GIVE DIRECTIONS TO STATE AND LOCAL 12 LAW ENFORCEMENT OFFICERS AND AGENCIES AS ARE REASONABLE 13 AND NECESSARY] to secure compliance with this chapter and with the orders and 14 regulations issued or adopted under this chapter; 15 (6) employ measures and give directions to the state or local 16 [BOARDS OF] health agencies as are reasonably necessary for the purpose of 17 securing compliance with this chapter or with the findings or recommendations of 18 state or local [BOARDS OF] health agencies due to conditions arising from 19 [ENEMY] attack or the threat of [ENEMY] attack [OR OTHERWISE]; 20 (7) obtain and utilize the services, [AND] facilities, and information 21 of existing officers [,] and agencies of the state and of the political subdivisions 22 [DISTRICTS] of the state, whose duty it is to cooperate with and extend their services, 23 [AND] facilities, and information to the department as requested by it; 24 (8) [ESTABLISH AGENCIES AND OFFICES AND APPOINT 25 EXECUTIVE, TECHNICAL, CLERICAL, AND OTHER PERSONNEL 26 NECESSARY TO CARRY OUT THIS CHAPTER, INCLUDING, WITH 27 CONSIDERATION TO THE RECOMMENDATION OF THE LOCAL 28 AUTHORITIES, FULL TIME STATE AND DISTRICT DIRECTORS; 29 (9)] delegate authority vested in the department under this chapter, and 30 provide for the subdelegation of this authority; 31 (9) [(10)] sponsor and develop mutual aid and cooperation plans and
01 agreements among [BETWEEN] the agencies [DISTRICTS] of the state, the political 02 subdivisions of the state, and private agencies and organizations; 03 (10) [(11) ESTABLISH DISTRICTS IN THE STATE AS ARE 04 NEEDED TO CARRY OUT THE PURPOSES AND INTENT OF THIS CHAPTER; 05 (12)] sell, lend, transfer, or deliver supplies or medicines to carry out 06 the policy and purposes set out [FORTH] in this chapter on terms and conditions that 07 the department considers reasonable; 08 (11) participate in and conduct exercises to implement homeland 09 security plans and to prepare for a potential attack; 10 (12) advise the governor and the legislature on appropriate policy 11 of the state for matters of homeland security and civil defense; and 12 (13) coordinate with state agencies in providing a recommendation 13 to the governor for state action in response to changes in threat levels [, BUT 14 SUBJECT TO THE FOLLOWING: 15 (A) MONEY DERIVED FROM THE SALE OF SUPPLIES 16 AND MEDICINES SHALL BE DEPOSITED IN A SPECIAL FUND, 17 WHICH SHALL BE USED BY THE DEPARTMENT TO REPLENISH AND 18 PURCHASE THE NECESSARY SUPPLIES AND MEDICINES; 19 (B) A SALE UNDER THIS PARAGRAPH MAY NOT BE 20 FOR AN AMOUNT BELOW 10 PER CENT OF THE REQUISITION COST 21 UNLESS FIRST APPROVED BY THE DEPARTMENT]. 22 * Sec. 6. AS 26.20 is amended by adding a new section to read: 23 Sec. 26.20.025. Creation and duties of the Alaska division of homeland 24 security and emergency management. (a) There is established in the department 25 the Alaska division of homeland security and emergency management, possessing the 26 powers and duties as set out in this section and as delegated by the adjutant general of 27 the department. 28 (b) The Alaska division of homeland security and emergency management, 29 with the concurrence and approval of the adjutant general of the department, shall 30 prepare and maintain a state homeland security plan and keep it current. The plan may 31 include provisions for
01 (1) investigation and assessment of attack threats to persons, facilities, 02 systems, infrastructure, and other property in this state; 03 (2) identification of geographical areas, municipalities, facilities, 04 systems, infrastructure, or other property or persons especially vulnerable to an attack; 05 (3) prioritization of measures to protect persons, facilities, systems, 06 infrastructure, and other property in the state from attack; 07 (4) organization of personnel, including chains of command, and other 08 resources; 09 (5) coordination and deployment of personnel, including the organized 10 militia, state and local agency personnel, and authorized volunteers, and other 11 resources to protect persons, facilities, systems, infrastructure, and other property in 12 the state from attack or to respond to an attack; 13 (6) assistance to local officials and private agencies in designing local 14 and private security plans; 15 (7) coordination of federal, state, local, and private agencies' homeland 16 security activities; 17 (8) coordination of the state homeland security plan with the state 18 emergency plan and with the homeland security and disaster plans of the federal 19 government; 20 (9) other planning, prevention, preparedness, response, and mitigation 21 measures designed to eliminate or reduce the threat or effect of an attack; and 22 (10) other actions necessary to carry out the purposes of this chapter. 23 (c) With the concurrence and approval of the adjutant general of the 24 department, the Alaska division of homeland security and emergency management 25 shall 26 (1) develop, coordinate, and maintain a prioritized list of critical 27 infrastructure in the state; 28 (2) determine requirements of the state and its political subdivisions 29 for food, medicine, clothing, and other necessities in the event of an attack; 30 (3) procure and pre-position personnel, supplies, medicines, materials, 31 and equipment;
01 (4) plan and make arrangements for the availability and use of private 02 facilities, services, and property and, if necessary and used, provide for payment for 03 use under terms and conditions agreed upon by the state and the other parties or as 04 provided under AS 26.20.045; 05 (5) establish a register of persons with types of training and skills 06 important in homeland security and emergency response functions; 07 (6) prepare, for issuance or adoption by the governor, orders, 08 proclamations, and regulations as necessary or appropriate in coping with attacks; 09 (7) cooperate with the federal government and public or private 10 agencies or entities in achieving the purposes of this chapter and in implementing 11 programs for homeland security, civil defense, and attack prevention, preparedness, 12 response, recovery, and mitigation; 13 (8) do other things necessary or proper for the implementation of this 14 chapter. 15 (d) The division has the additional powers and duties set out in AS 26.23.040. 16 * Sec. 7. AS 26.20.030 is amended to read: 17 Sec. 26.20.030. Reciprocal aid agreements with other governments. In 18 accordance with this chapter, the [THE] governor may enter into reciprocal aid 19 agreements with other states, [AND WITH] the federal government, and provinces 20 [EITHER ON A STATEWIDE BASIS OR LOCAL DISTRICT BASIS OR WITH A 21 NEIGHBORING STATE OF THE UNITED STATES OR A PROVINCE] of a 22 foreign country. [THESE MUTUAL AID AGREEMENTS SHALL BE LIMITED 23 TO THE FURNISHING OR EXCHANGE OF FOOD, CLOTHING, MEDICINE, 24 AND OTHER SUPPLIES; ENGINEERING SERVICES; EMERGENCY HOUSING; 25 POLICE SERVICES; NATIONAL OR STATE GUARDS WHILE UNDER THE 26 CONTROL OF THE STATE; HEALTH, MEDICAL AND RELATED SERVICES; 27 FIRE FIGHTING, RESCUE, TRANSPORTATION, AND CONSTRUCTION 28 SERVICES AND EQUIPMENT; PERSONNEL NECESSARY TO PROVIDE OR 29 CONDUCT THESE SERVICES; AND OTHER SUPPLIES, EQUIPMENT, 30 FACILITIES, PERSONNEL, AND SERVICES THAT ARE NEEDED; THE 31 REIMBURSEMENT OF COSTS AND EXPENSES FOR EQUIPMENT, SUPPLIES,
01 PERSONNEL, AND SIMILAR ITEMS FOR MOBILE SUPPORT UNITS, FIRE- 02 FIGHTING UNITS, POLICE UNITS, AND HEALTH UNITS. THE AGREEMENTS 03 SHALL BE ON TERMS AND CONDITIONS THAT ARE CONSIDERED 04 NECESSARY.] 05 * Sec. 8. AS 26.20.040 is amended to read: 06 Sec. 26.20.040. Emergency powers of the governor. In the event of actual 07 enemy or terrorist attack in or against the state, or a credible threat of imminent 08 enemy or terrorist attack, the governor may declare that a state of emergency exists, 09 and, during the period of time that the state of emergency exists or continues, the 10 governor has and may exercise the additional emergency power 11 (1) to enforce all laws and regulations relating to homeland security 12 and civil defense and assume direct operational control of all homeland security and 13 civil defense forces and helpers in the state; 14 (2) to seize, take, or condemn property if, and only to the extent that, 15 the governor determines that the property is needed for the protection of the public 16 [OR AT THE REQUEST OF THE PRESIDENT, THE ARMED FORCES OR THE 17 CIVIL DEFENSE AGENCY OF THE UNITED STATES], including 18 (A) [ALL MEANS OF] transportation and communication 19 equipment, except newspapers and news services; 20 (B) [ALL STOCKS OF] fuel [OF WHATEVER NATURE]; 21 (C) food, clothing, equipment, materials, medicines, and 22 supplies; and 23 (D) facilities including buildings and plants; 24 (3) to sell, lend, give, or distribute the fuel, food, clothing, medicines, 25 and supplies among the inhabitants of the state and account to the commissioner of 26 revenue for funds received for the property; 27 (4) to make compensation for the property seized, taken, or condemned 28 on the basis described in AS 26.20.045; 29 (5) to suspend the provisions of a regulatory statute prescribing 30 procedures for the conduct of state business or the order or regulation of a state 31 agency if compliance with the provisions of the statute, order, or regulation
01 would prevent, or substantially impede or delay, action necessary to cope with 02 the emergency; 03 (6) to use all available resources of the state government and of 04 each political subdivision of the state as reasonably necessary to cope with the 05 emergency; 06 (7) to transfer personnel or alter the functions of state departments 07 and agencies or units of them for the purpose of responding to or facilitating the 08 response to the emergency; 09 (8) to perform and exercise other functions, powers, and duties that are 10 considered necessary to promote and secure the safety and protection of the civilian 11 population. 12 * Sec. 9. AS 26.20.040 is amended by adding new subsections to read: 13 (b) A state of emergency declared under (a) of this section may not remain in 14 effect longer than 30 days unless extended by the legislature by law and may be 15 terminated by law or withdrawal of the declaration. 16 (c) In this section, "credible threat of imminent enemy or terrorist attack" 17 means a threat of attack against persons or property in the state that the adjutant 18 general of the department or a designee of the adjutant general, in consultation with 19 the commissioner of public safety or a designee of the commissioner of public safety, 20 certifies to the governor has a high probability of occurring in the near future; the 21 certification must be based on specific information received from a local, state, 22 federal, or international agency, or another source that the adjutant general or the 23 designee of the adjutant general, in conjunction with the commissioner of public safety 24 or a designee of the commissioner of public safety, determines is reliable. 25 * Sec. 10. AS 26.20.100 is amended to read: 26 Sec. 26.20.100. Traffic control. In coordination with the Department of 27 Public Safety and the Department of Transportation and Public Facilities, the 28 [THE] department may 29 (1) formulate and execute plans and regulations for the control of 30 traffic for the rapid and safe movement of evacuation over public highways and streets 31 of people, troops, or vehicles and materials for homeland security and civil defense ;
01 and 02 (2) establish and operate checkpoints along private or public 03 roadways serving critical property or facilities in the state, at the direction of the 04 governor when the governor determines that a sufficiently high threat of enemy 05 or terrorist attack exists to warrant the action; the checkpoints established under 06 this paragraph may be in conjunction with closure of the roadway under 07 AS 19.10.100; operation of a checkpoint shall include the posting of checkpoint 08 signs in a manner that provides advance notice of the checkpoint so that persons 09 are afforded a reasonable opportunity to turn around without passing through 10 the checkpoint; operation of a checkpoint shall be limited to enforcement of the 11 roadway closure or reasonable inspection of persons and vehicles passing 12 through the checkpoint for weapons, explosives, chemicals, biological or 13 biochemical agents, or other instruments capable of causing widespread severe 14 injury to persons or property; however, at a checkpoint authorized under this 15 paragraph, a person is entitled to retain possession of an amount of deadly 16 weapons or defensive weapons that is reasonably justifiable for the person's 17 lawful use, so long as those weapons are not prohibited weapons; in this 18 paragraph, "deadly weapon" and "defensive weapon" have the meanings given 19 in AS 11.81.900(b), and "prohibited weapon" has the meaning given in 20 AS 11.61.200 [NATIONAL DEFENSE OR FOR USE IN A DEFENSE INDUSTRY, 21 AND MAY COORDINATE THE ACTIVITIES OF THE DEPARTMENTS OR 22 AGENCIES OF THE STATE AND OF THE DISTRICTS CONCERNED WITH 23 PUBLIC HIGHWAYS AND STREETS, IN A MANNER THAT WILL BEST 24 CARRY OUT THOSE PLANS]. 25 * Sec. 11. AS 26.20.110 is amended to read: 26 Sec. 26.20.110. Lease or loan of state property and transfer of personnel. 27 Notwithstanding any inconsistent provision of law, 28 [(1)] whenever the governor considers it is in the public interest [,] and 29 the urgency of the situation demands, the governor may 30 (1) [(A)] authorize a department or agency of the state to lease or lend, 31 on the terms and conditions that the governor considers necessary to promote the
01 public welfare and protect the interests of the state, real or personal property of the 02 state government to the president, the heads of the armed forces, or to the homeland 03 security or civil defense agency of the United States; 04 (2) [(B)] enter into an agreement on behalf of the state for the use or 05 loan to any political subdivision [DISTRICT] of the state, on terms and conditions 06 the governor considers necessary to promote the public welfare and protect the 07 interests of the state, of real or personal property of the state government, or the 08 temporary transfer or employment of personnel of the state government, to or by any 09 political subdivision [DISTRICT] of the state [; 10 (2) THE DIRECTOR OF EACH DISTRICT OF THE STATE MAY 11 (A) ENTER INTO A CONTRACT OR LEASE WITH THE 12 STATE, OR ACCEPT A LOAN, OR EMPLOY PERSONNEL, AND THE 13 DISTRICT MAY EQUIP, MAINTAIN, UTILIZE, AND OPERATE THE 14 PROPERTY AND EMPLOY NECESSARY PERSONNEL FOR THAT 15 PURPOSE IN ACCORDANCE WITH THE PURPOSES FOR WHICH THE 16 CONTRACT IS EXECUTED; 17 (B) DO ALL THINGS AND PERFORM ALL ACTS THAT 18 THE GOVERNOR CONSIDERS NECESSARY TO CARRY OUT THE 19 PURPOSE FOR WHICH THE CONTRACT IS MADE]. 20 * Sec. 12. AS 26.20.145 is amended to read: 21 Sec. 26.20.145. Immunity of owners of public shelters. A person owning or 22 controlling real estate who voluntarily and without compensation permits the 23 designation or use of the whole or part of the real estate for the purpose of sheltering 24 persons during an actual or practice attack or homeland security or civil defense 25 emergency or practice drill shall, together with the person's successors in interest, be 26 immune from suit for negligence arising out of the construction or maintenance of the 27 property causing the death of, or injury to, any person using the shelter during an 28 actual or practice attack or homeland security or civil defense emergency or 29 practice drill. 30 * Sec. 13. AS 26.20.150 is amended to read: 31 Sec. 26.20.150. Authority to accept services, gifts, grants, and loans. (a)
01 Whenever the federal government or an agency or officer of the federal government 02 offers to the state [, OR THROUGH THE STATE TO A DISTRICT,] services, 03 equipment, supplies, materials, or funds by way of gift, grant, or loan, for the purpose 04 [PURPOSES] of homeland security or civil defense, the department [STATE 05 ACTING THROUGH THE GOVERNOR, OR THE DISTRICT, ACTING WITH 06 THE CONSENT OF THE GOVERNOR AND THROUGH ITS EXECUTIVE 07 OFFICER OR GOVERNING BODY,] may accept the offer and [UPON 08 ACCEPTANCE THE GOVERNOR OR THE EXECUTIVE OFFICER OR 09 GOVERNING BODY OF THE DISTRICT MAY AUTHORIZE AN OFFICER OF 10 THE STATE OR THE DISTRICT, AS THE CASE MAY BE, TO] receive the 11 services, equipment, supplies, materials, or funds on behalf of the state [OR THE 12 DISTRICT], subject to the terms of the offer and the regulations, if any, of the agency 13 making the offer. 14 (b) Whenever a person offers to the state [OR TO A DISTRICT] services, 15 equipment, supplies, materials, or funds by way of gift, grant, or loan, for purpose of 16 homeland security or civil defense, the department [STATE ACTING THROUGH 17 THE GOVERNOR, OR THE DISTRICT ACTING THROUGH ITS EXECUTIVE 18 OFFICER OR GOVERNING BODY,] may accept the offer and [UPON 19 ACCEPTANCE THE GOVERNOR OR THE EXECUTIVE OFFICER OR 20 GOVERNING BODY OF THE DISTRICT MAY AUTHORIZE AN OFFICER OF 21 THE STATE OR OF THE DISTRICT, AS THE CASE MAY BE, TO] receive the 22 services, equipment, supplies, materials, or funds on behalf of the state, [OR 23 DISTRICT, AND] subject to the terms of the offer. 24 * Sec. 14. AS 26.20 is amended by adding a new section to read: 25 Sec. 26.20.195. Federal regulation of homeland security. The requirements 26 of this chapter do not apply to facilities, aircraft, vessels, and other means and modes 27 of transportation that are subject to federal homeland security requirements, including 28 aviation security requirements at 49 C.F.R. Chapter XII Subchapter B, Part 1520 and 29 Subchapter C, Parts 1540 - 1550 and maritime and land security requirements at 33 30 C.F.R. Chapter 1 Subchapter H, Parts 101 - 106 and 49 C.F.R. Chapter XII Subchapter 31 D, Parts 1570 - 1572.
01 * Sec. 15. AS 26.20.200 is amended by adding new paragraphs to read: 02 (4) "attack" means the use of weapons, explosives, chemicals, 03 biological or biochemical agents, or other instruments with the potential for major 04 force or impact, with apparent intent to inflict widespread or severe injury to persons 05 or property; 06 (5) "homeland security" means the detection, prevention, preemption, 07 and deterrence of, protection from, and response to, attacks targeted at territory, 08 population, or infrastructure in this state; 09 (6) "political subdivision" means 10 (A) a municipality; or 11 (B) another unit of local government; 12 (7) "private agency" means a for-profit or nonprofit corporation, 13 unincorporated village, association, or other group or entity operating in the state. 14 * Sec. 16. AS 26.23.020(g) is amended to read: 15 (g) In addition to any other powers conferred upon the governor by law, the 16 governor may, under AS 26.23.010 - 26.23.220, 17 (1) suspend the provisions of any regulatory statute prescribing 18 procedures for the conduct of state business, or the orders or regulations of any state 19 agency, if compliance with the provisions of the statute, order, or regulation would 20 prevent, or substantially impede or delay, action necessary to cope with the disaster 21 emergency; 22 (2) use all available resources of the state government and of each 23 political subdivision of the state as reasonably necessary to cope with the disaster 24 emergency; 25 (3) transfer personnel or alter the functions of state departments and 26 agencies or units of them for the purpose of performing or facilitating the performance 27 of disaster emergency services; 28 (4) subject to any applicable requirements for compensation under 29 AS 26.23.160, commandeer or utilize any private property, except for all news media 30 other than as specifically provided for in AS 26.23.010 - 26.23.220, if the governor 31 considers this necessary to cope with the disaster emergency;
01 (5) direct and compel the relocation of all or part of the population 02 from any stricken or threatened area in the state [,] if the governor considers relocation 03 necessary for the preservation of life or for other disaster mitigation purpose; 04 (6) prescribe routes, modes of transportation, and destinations in 05 connection with necessary relocation; 06 (7) control ingress to and egress from a disaster area, the movement of 07 persons within the area, and the occupancy of premises in it; 08 (8) suspend or limit the sale, dispensing, or transportation of alcoholic 09 beverages, [FIREARMS,] explosives, and combustibles; 10 (9) make provisions for the availability and use of temporary 11 emergency housing; 12 (10) allocate or redistribute food, water, fuel, [OR] clothing, medicine, 13 or supplies; and 14 (11) use money from the oil and hazardous substance release response 15 account in the oil and hazardous substance release prevention and response fund, 16 established by AS 46.08.010, to respond to a declared disaster emergency related to an 17 oil or hazardous substance discharge. 18 * Sec. 17. AS 26.23.040 is amended by adding a new subsection to read: 19 (g) The Alaska division of homeland security and emergency management has 20 the additional powers and duties set out in AS 26.20.025. 21 * Sec. 18. AS 26.23.170 is amended to read: 22 Sec. 26.23.170. Communications. The Department of Military and 23 Veterans' Affairs [ALASKA DIVISION OF EMERGENCY SERVICES] shall 24 ascertain what means exist for rapid and efficient communications in times of disaster 25 emergency. The department [DIVISION] shall consider the desirability of 26 supplementing these communications resources, or of integrating them into a 27 comprehensive state or state-federal telecommunications network or other 28 communication system or network. In studying the character and feasibility of any 29 system or its several parts, the department [DIVISION] shall evaluate the possibility 30 of multi-purpose use of it or its parts for general state and local governmental 31 purposes. The department [DIVISION] shall make recommendations to the governor
01 as appropriate. 02 * Sec. 19. Sec. 26.23.170 is amended by adding a new subsection to read: 03 (b) A statewide 911 coordinator is established within the Department of 04 Military and Veterans' Affairs to coordinate and facilitate the implementation of 911 05 systems throughout the state. The 911 coordinator shall 06 (1) participate in efforts to set uniform statewide standards for 07 automatic number identification and automatic location identification data 08 transmission for telecommunications systems; 09 (2) make recommendations as necessary for implementation of basic 10 and enhanced 911 service. 11 * Sec. 20. AS 26.23.210 is repealed and reenacted to read: 12 Sec. 26.23.210. Relationship to homeland security and civil defense laws. 13 (a) In the event of a conflict between this chapter and AS 26.20, including in the event 14 the governor declares a disaster under this chapter due to an attack or credible threat of 15 imminent enemy or terrorist attack as described in AS 26.23.900(2), the provisions of 16 this chapter shall govern. 17 (b) The provisions of AS 26.20.140, providing for immunity of government, 18 employees, and other authorized persons in certain circumstances, apply when the 19 entities or persons covered by AS 26.20.140 perform duties under AS 26.23.010 - 20 26.23.220, except as otherwise provided in AS 26.23.136 for entities or other persons 21 providing assistance to the state under a compact in a form substantially as contained 22 in AS 26.23.136. 23 * Sec. 21. AS 26.23.900(2) is amended to read: 24 (2) "disaster" means the occurrence or imminent threat of widespread 25 or severe damage, injury, loss of life or property, or shortage of food, water, or fuel 26 resulting from 27 (A) an incident such as storm, high water, wind-driven water, 28 tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 29 avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic, 30 explosion, or riot; 31 (B) the release of oil or a hazardous substance if the release
01 requires prompt action to avert environmental danger or mitigate 02 environmental damage; [OR] 03 (C) equipment failure if the failure is not a predictably frequent 04 or recurring event or preventable by adequate equipment maintenance or 05 operation; 06 (D) enemy or terrorist attack or a credible threat of 07 imminent enemy or terrorist attack in or against the state that the 08 adjutant general of the Department of Military and Veterans' Affairs or a 09 designee of the adjutant general, in consultation with the commissioner of 10 public safety or a designee of the commissioner of public safety, certifies to 11 the governor has a high probability of occurring in the near future; the 12 certification must meet the standards of AS 26.20.040(c); in this 13 subparagraph, "attack" has the meaning given under AS 26.20.200; or 14 (E) an outbreak of disease or a credible threat of an 15 imminent outbreak of disease that the commissioner of health and social 16 services or a designee of the commissioner of health and social services 17 certifies to the governor has a high probability of occurring in the near 18 future; the certification must be based on specific information received 19 from a local, state, federal, or international agency, or another source that 20 the commissioner or the designee determines is reliable; 21 * Sec. 22. AS 26.20.050, 26.20.060, 26.20.070, 26.20.080, 26.20.090, 26.20.120, 22 26.20.130, 26.20.160, 26.20.170, 26.20.180, 26.20.200(3); AS 26.23.030, and 26.23.900(4) 23 are repealed. 24 * Sec. 23. AS 24.20.680 is repealed January 1, 2009. 25 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 PREPARATION AND PRESENTATION OF PROPOSED LEGISLATION. If the 28 adjutant general of the Department of Military and Veterans' Affairs determines that 29 additional qualifications for appointment under AS 24.20.680, added by sec. 2 of this Act, 30 would significantly enhance the security of sensitive materials or information to be reviewed 31 under AS 24.20.680, the adjutant general shall prepare a bill proposing amendments to
01 AS 24.20.680, enacted by sec. 2 of this Act, for consideration by each house of the legislature, 02 and shall deliver the bill to the Secretary of the Alaska State Senate and the Chief Clerk of the 03 Alaska State House of Representatives not later than 30 days following the convening of the 04 First Regular Session of the Twenty-Fourth Alaska State Legislature. 05 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 INITIAL APPOINTMENT. The President of the Alaska State Senate and the Speaker 08 of the Alaska State House of Representatives shall make the appointments required under 09 AS 24.20.680, enacted by sec. 2 of this Act, within 15 days after the effective date of this 10 section. 11 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 REVISOR'S INSTRUCTIONS. (a) The revisor of statutes is instructed to change the 14 heading of 15 (1) AS 26.20 from "Chapter 20. Civil Defense" to "Chapter 20. Homeland 16 Security and Civil Defense"; 17 (2) AS 26.23.040 from "Duties of the Alaska division of emergency services." 18 to "Homeland security duties of the Alaska division of homeland security and emergency 19 management." 20 (b) Wherever in the Alaska Statutes and the Alaska Administrative Code the term 21 "division of emergency services," which is in the Department of Military and Veterans' 22 Affairs, is used, it shall be read as the "division of homeland security and emergency 23 management" when to do so would be consistent with the purpose of this Act. 24 (c) Under AS 01.05.031, the revisor of statutes shall implement this section in the 25 statutes. 26 (d) Under AS 44.62.125(b)(6), the regulations attorney shall implement (b) of this 27 section in the Alaska Administrative Code. 28 * Sec. 27. Section 19 of this Act takes effect March 1, 2005 29 * Sec. 28. Except as provided in sec. 27 of this Act, this Act takes effect immediately under 30 AS 01.10.070(c).